HomeMy WebLinkAboutMulti Use Pedestrian Pathway Kennedy Lateral, Nursery SubdivisionAGREEMENT
AGREEMENT, made and entered into this 120 day ofrJdr 2018, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district orga ed and existing under and
by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and
THE CITY OF .MERIDIAN, a political subdivision and
municipality of the State of Idaho
hereinafter referred to as the "City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and the
District; to establish a process for the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to the City the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therefor upon the terms
and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed
crossing and encroachment; and,
WHEREAS, the City is the owner of the real property easement / right of way (burdened with the
easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation/drainage ditch or canal known as the KENNEDY
LATERAL (hereinafter referred to as "ditch or canal") together with the real property and/or easements to
convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and
intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference
made a part hereof; and,
AGREEMENT -Page I
Kenne6�
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's easement for the Kennedy Lateral under the terms and conditions of said Master
Pathway Agreement and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
1. The City may construct, operate, maintain and repair a 10 foot wide pathway within the
District's real property and/or easement for the Kennedy Lateral in Nursery Subdivision, located southeast
of the intersection of Linder Road and Franklin Road, Meridian, Ada County, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A,
and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
NAMPA & MERIDIAN IRRIGATION DISTRICT
Its President
ATTEST:
Its Secretary
AGREEMENTPa e 2
KenneLdy I
ATTEST:
STATE OF IDAHO )
ss:
County of Canyon )
THE CITY OF MERIDIAN
E � �
o�QOgATED.4 --
0
fD
,1AN
On this day of , 2018, before me, the undersigned, a Notary Public in and for
said State, personally appeared Clinton C. Pline and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
ss:
County of Ada )
On this 2-0_ day of 1 �� , 2018, before me the undersi ed, a Notary Public in and for
said S t perso ally appeared C _ C()[eS and�nl"�lm 2 PX known to me to be
the �t and , respectivel , f The CITY OF MERIDIAN, the
entity that ecuted the foregoing instrun6pAt and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certific ate• fq jLgbove written.
p�All
R y Notary Public for T aKo
x Residing at 4,11
My Commission Expires:,3 D.QA3
AGREEMENT - Page 3
I We Iedy i��
EXHIBIT A
Legal Description
A right-of-way/easement within the NW 1/4 of Section 13, Township 3 North, Range 1 West, B.M.,
Ada County, Idaho as more particularly described in the Pedestrian Pathway Easement and description
attached hereto as Exhibit A-1 and by this reference incorporated herein.
EXHIBIT B
Location of Property/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
ficial Conditions
a. The location and construction of the pathway shall be in accordance with Exhibit C-1,
attached hereto and by this reference made a part hereof.
b. The District's easement along this section of the Kennedy Lateral includes a sufficient area
of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Kennedy Lateral,
and to access the Kennedy Lateral for said purposes and is a minimum of 55 feet, 20 feet to the left and 35
feet to the right of the centerline looking downstream.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
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